Downtown Mt. Pleasant bar denied outdoor fencing request

The owners of the Bird Bar & Grill on Mt. Pleasant's Main Street want to replace the low, iron fence in front of the establishment, left, with a 6-foot spiked iron fence. The tall fence, right, is ready to go, but city commissioners object to its height and its looks. Sun photo, left, by MARK RANZENBERGER/@ranzenberger. Photo at right courtesy city of Mt. Pleasant.

A downtown Mt. Pleasant bar was not approved to install its fence after Mt. Pleasant commissioners voted against the proposed design Monday night.

The Bird Bar and Grill, 223 S. Main St., had constructed a 72-inch fence it had planned on installing 35-inches from the facade of its building, City Manager Kathie Grinzinger said.

The proposed fence exceeds the 54-inch height limit that the city set in its sidewalk license policy, approved during a May meeting.

Advertisement

The commission had postponed a decision twice to consult with the city attorney regarding what kind of precedent approving the fence, which was constructed before the city approved its license policy, would set.

While commissioners Jim Holton and Jon Joslin both voted to approve the fence, the remaining commissioners voted against allowing installation of the fence.

“This is a special circumstance,” Joslin said.

Joslin said through several renovations to the business, a new occupancy permit to the building and yearly fire inspections, the property owners were never told the existing fence was not technically their property.

Joslin said the owners would like to install a tall fence to enforce patron safety.

Right now, Joslin said, patrons can easily transfer alcohol over between the existing fence, which is shorter than the city’s 54-inch height limit.

Patrons also sit on the existing fence, Joslin explained, and can easily fall if inebriated.

Commissioner Nancy English disagreed.

“We’re setting a very dangerous precedent,” she said. “I think there’s a lot to be said for common sense in finding out, especially when the fence goes to six feet. I think that’s quite an unusual fence downtown. I’m just struggling with why that wasn’t looked into.”

English said she did sympathize with the owners, but couldn’t justify allowing a special situation for the fencing.

Commissioner Matthew Sous agreed.

“We’re going to be taking the teeth out of being able to enforce this ordinance in the future,” he said.

Joslin argued that because the business constructed the fence before the city sidewalk license policy was developed, the owners were not aware of any kind of height restriction.

Because of the timeline of events, Joslin said it could be viewed that the city set the policy to deter the construction of the fence.

During May, the city approved a fencing request from Max and Emily’s Eatery, 125 E. Broadway St., to install a 4.5-foot fence to separate its outdoor patio from the street traffic.

Randi Shaffer is a reporter at the Morning Sun. She can be reached at 989-779-6059, rshaffer@michigannewspapers.com or on Facebook at facebook.com/randi.shaffer.